You Make a Difference! Our mission and operations are funded entirely by Patriots like you! Please support the 2024 Year-End Campaign now.

January 9, 2016

Big Brother vs. The Little Sisters: Obama Admin Takes Nuns to Supreme Court

The Obama administration’s lack of understanding of the spiritual depth and commitment of private religious charities is shocking. The callousness of the federal effort to compel a noble Catholic religious order — the Little Sisters of the Poor — to forsake its faith commitments shows the depth of the intolerance of the behemoth secular state under President Obama. The story is one of courageousness on the part of the nuns of this religious order. Founded in France in 1839, the Little Sisters of the Poor has spread to many other countries, including the United States, with the charitable goal of giving aid and comfort to the poor. The Sisters take the normal vows of poverty, chastity, and obedience, but also add hospitality, which they extend to some of the “least of those in our midst.”

The Obama administration’s lack of understanding of the spiritual depth and commitment of private religious charities is shocking. The callousness of the federal effort to compel a noble Catholic religious order — the Little Sisters of the Poor — to forsake its faith commitments shows the depth of the intolerance of the behemoth secular state under President Obama.

The story is one of courageousness on the part of the nuns of this religious order. Founded in France in 1839, the Little Sisters of the Poor has spread to many other countries, including the United States, with the charitable goal of giving aid and comfort to the poor. The Sisters take the normal vows of poverty, chastity, and obedience, but also add hospitality, which they extend to some of the “least of those in our midst.”

In March, the nuns will continue their long battle against the federal Department of Health and Human Services (HHS) and its head, Sylvia Burwell, when the Sisters and their lawyers come before the Supreme Court.

The case concerns the long reach of the Affordable Care Act (i.e., Obamacare) and its unyielding interpretation by HHS that threatens to place the Little Sisters of the Poor in a moral dilemma. HHS is requiring the Sisters and other religious institutions such as sectarian colleges, seminaries, and faith-based charities, to provide contraceptives — including abortion-inducing drugs (i.e., abortifacients) — in the health plans they offer to their employees. The Little Sisters and other religious entities are refusing to comply, even though non-compliance will mean huge and potentially destructive fines imposed by the federal government. This is the same moral choice that was imposed on private for-profit corporations in 2014, which resulted in the Hobby Lobby case. There, two firms — Hobby Lobby and Conestoga Wood Specialties — successfully challenged the contraceptive mandate imposed by HHS and the Affordable Care Act by making use of the provisions of the Religious Freedom Restoration Act.

In a calculated retreat, HHS claims that it has provided a “way out” for the Little Sisters. But is this a sleight-of-hand trick telling the nuns that they can avoid the moral issue? HHS and the Obama administration may be used to trying to make moral issues appear inconsequential in order to achieve their secular goal of opening wide the pathway to abortions, but the Little Sisters know complicity in wrongdoing when they see it. Here are the specifics:

HHS now offers to have the Sisters sign a form saying that they have religious objections to providing the contraceptive choices to their employees. This then has the effect of shifting the provision of contraceptives to either the health insurance company or to a third party that administers the health plan. Either way, the contraceptives are provided through the Little Sisters’ plan. The Sisters say that what HHS is proposing is a distinction without a moral difference. As they argue in their brief:  “In short, it [the HHS proposal] is designed to force a religious employer to allow its own plan to be used to facilitate access to the very contraceptive coverage that it finds religiously objectionable.”

The provisions of the Religious Freedom Restoration Act are clear. The complaining party must show that a regulation imposed by the federal government “substantially burdens its free exercise of religion.” The Little Sisters of the Poor face ruinous fines in the millions of dollars if they refuse to comply. That is a substantial burden. The government is then obliged to show that it nevertheless has a “compelling interest” in enforcing the requirement, and it must satisfy the court that it has “no less burdensome way” of accomplishing its regulatory end.

The difficulty the federal government faces here is that it has exempted many others, including churches and their religious auxiliaries, “grandfathered plans,” and small employers, which clearly demonstrates that the requirement is not so compelling that no exemptions can be granted. In addition, HHS could extend the general exemptions it already offers to other religious entities to the Little Sisters, which would be the least restrictive means of meeting the requirement. Under the Hobby Lobby case, the court also suggested that the government itself could offer to assume the costs of the contraceptives sought by exempted employees without implicating the religious employer.

This is a case where Big Brother simply refuses to recognize the deeply held religious views of private charities whose work with the poor and downtrodden is activated by the example of Christ himself. Here is a simple message the Supreme Court should send to Burwell, President Obama, and HHS: Let the Little Sisters continue to serve the poor and vulnerable. Leave them alone.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.